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HomeMy WebLinkAbout2013-14 Enacting New Codification • Y ORDINANCE NO. 2013-14 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF EDINA, MINNESOTA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. The Code entitled "Edina City Code," published by Municipal Code Corporation, consisting of chapters I through 36, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before October 14, 2013, except Ordinance No. 2013-09 and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished as follows: (1) Petty Misdemeanors. Whenever an act or omission is declared in this Code to be a petty misdemeanor, any person violating the provision will, upon conviction, be subject to a fine of not more than $300. The cost of prosecution may be added to the penalty imposed on every person convicted of violating any provision of this Code. (2) Misdemeanors. In any case other than those in which a violation is expressly stated to be a petty misdemeanor in this Code, any person violating any provision of this Code, or any rule or regulation adopted under this Code will, upon conviction, be guilty of a misdemeanor, and be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days or both, plus, in either case, the cost of prosecution. The cost of prosecution may be added to the penalty imposed on every person convicted of violating any provision of this Code. (3) Separate Violations. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues, constitutes a separate offense. (4) Other Remedies. In addition to the remedies set out above in this section, the City may exercise, with or separately, from such remedies and at the same or separate times, all and any legal and equitable remedies then available to the City by this Code or State Law to enforce this Code, or to recover any fees, charges or expenses owed to City pursuant to this Code, including, without limitation, injunction and the penalties and remedies in any provision incorporated into this Code by reference as provided in this Code. Ordinance No. 2013-14 Page Two (5) Permits, Licenses and Registrations. In addition to other remedies available to the City, the City may revoke or suspend, pursuant to the provisions of the Code, any permit, license or registration when the holder has violated or failed to comply with any provision of this Code which applies to the permit, license or registration which is the subject of the suspension or revocation. (6) Incorporated Law. Any code, statute, or other provision, incorporated into and made a part of this Code by reference, shall also include and incorporate any penalties and remedies for violations which are a part of such incorporated provision, and the City may enforce such penalties and pursue such remedies in addition to the other penalties and remedies set out or referenced in this Code. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, administrative adjudication, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the city to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after October 14, 2013 that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall become effective after its adoption and publication according to law First Reading: December 17, 2013 Second Reading: Waived Published: December 26, 2013 Attest 4eLbra A."Mangen, GO Cie k James B. Hovland, Mayor AFFIDAVIT OF PUBLICATION City of Edina plies to the permit,license or registra- tion which is the subject of the sus- STATE O F M I N N ESOTA ) (Official Publication) pension or revocation. SS ORDINANCE NO.2013-14 (6)Incorporated Law. Any code,stat- COUNTY OF H E N N E P I N ) AN ORDINANCE ADOPTING AND ute,or other provision,incorporated ENACTING A NEW CODE FOR THE into and made a part of this Code by Charlene Vold being duly sworn on an oath, CITY OF EDINA,MINNESOTA;PRO- reference, shall also include and es VIDING FOR THE REPEAL OF CER- corporate any penalties and remedies states or a f7irms that they are the Authorized TAIN ORDINANCES NOT INCLUDED for violations which are a part of such THEREIN; PROVIDING A PENALTY Agent of the newspaper(s) known as incorporated provision,and the City FORenforce such penalties and pur- FOR THE VIOLATION THEREOF; sue such remedies in addition to the SC Edina AMENDING SUCH CODE;AND PROO PROVIDING FOR THE MANNER F other penalties and remedies set out - VIDING WHEN SUCH CODE AND or referenced in this Code. THIS ORDINANCE SHALL BECOME The penalty provided by this section, and has full knowledge of the facts stated EFFECTIVE. unless another penalty is expressly THE CITY COUNCIL OF THE CITY provided, shall apply to the amend- below: OF EDINA.MINNESOTA ORDAINS: ment of any Code section,whether or (A)The newspaper has complied with all of not such penalty is reenacted in the Section 1.The Code entitled "Edina amendatory ordinance.In addition to the requirements constituting qualifica- City Code," published by Munici- the penalty prescribed above,the city hon as a qualified newspaper as provided Pal Code Corporation, consisting of may pursue other remedies such as chapters 1 through 36, each inclu- abatement of nuisances,administra- by Minn. Stat. §331A.02, §331A.07, and sive,is adopted. tive adjudication,injunctive relief and other applicable laws as amended. Section 2.All ordinances of a general revocation of licenses or permits. (B)This Public Notice was printed and pub- and permanent nature enacted on Section 5.Additions or amendments lished in said newspaper(s) for 1 succes- or before October 14, 2013, except to the Code when passed in such Ordinance No. 2013-09 and not in- form as to indicate the intention of the sive issues; the first insertion being on cluded in the Code or recognized city to make the same a part of the 12/26/2013 and the last insertion beim and continued in force by reference Code shall be deemed to be incorpo- g pp therein,are repealed. rated in the Code,so that reference to 12/26/2013. the Code includes the additions and Section 3. The repeal provided for amendments. in section 2 hereof shall not be con- strued to revive any ordinance or part Section 6.Ordinances adopted after thereof that has been repealed by October 14,2013 that amend or refer a subsequent ordinance that is re- to ordinances that have been codified pealed by this ordinance. in the Code shall be construed as if they amend or refer to like provisions Section 4. Unless another penalty By: Pe ltr of the Code. Authorized Agent is expressly provided, every person g convicted of a violation of any provi- Section 7. This ordinance shall be- sion of the Code or any ordinance, come effective after its adoption and Subscribed and sworn to or affirmed before rule or regulation adopted or issued in publication according to law pursuance thereof shall be punished me on 12/26/2013. as follows: First Reading:December 17,2013 Second Reading:Waived (1) Petty Misdemeanors. Whenever Published:December 26,2013 an act or omission is declared in this Code to be a petty misdemeanor, Attest any person violating the provision Debra A.Mangen,City Clerk will,upon conviction,be subject to a James B.Hovland,Mayor fine of not more than$300.The cost 4Noyic of prosecution may be added to the 12/26/13,3SC1,Ordinance 2013-14, penalty imposed on every person 154320 convicted of violating any provision of this Code. (2)Misdemeanors.In any case other than those in which a violation is ex- MARY ELIZABETH KNAPP pressy stated to be a petty misde- meanor in this Code,any person vio- `, NE'i(&Y,Pt"ia-NliftneSDta lating any provision of this Code,or °9 ! My(;sir rnr t ha Ek'?i1*2 Jam 31.2016 any rule or regulation adopted under this Code will, upon conviction, be guilty of a misdemeanor,and be sub- ject to a fine of not more than$1,000 or imprisonment for a term not to ex- ceed 90 days or both,plus,in either case, the cost of prosecution. The cost of prosecution may be added to the penalty imposed on every person convicted of violating any provision of this Code. (3)Separate Violations.Unless other- wise provided, each act of violation and every day on which a violation occurs or continues, constitutes a separate offense. (4)Other Remedies.In addition to the remedies set out above in this sec- tion, the City may exercise, with or separately, from such remedies and at the same or separate times,all and any legal and equitable remedies then available to the City by this Code or State Law to enforce this Code, or to recover any fees, charges or ex- penses owed to City pursuant to this Code, including, without limitation, Rate Information: injunction and the penalties and rem- edies in any provision incorporated (1)Lowest classified rate paid by commercial users into this Code by reference as pro- for comparable space: vided in this Code. $34.45 per column inch (5) Permits, Licenses and Registra- tions. In addition to other remedies available to the City, the City may revoke or suspend, pursuant to the provisions of the Code,any permit,li- cense or registration when the holder has violated or failed to comply with Ad I D 154320 any provision of this Code which ap-